Capt'n Jenkins
Westmoreland Virginia

 

 

"...As is Customs for Potomack District informs this Court that by an Act of Parliament intituled an Act for preventing of frauds and regulateing abuses in the plantation trade it is provided that after 25 March 1698 no shipp or vessell built of any of his Majestie's plantations in America so as to bee qualified to trade to, from or in any of the said plantations until the persons claimeing property in such shipp should register the same, as followeth: If the shipp belong to any of his Majestie's plantations then proof should be made upon oath of one or more of the owners before the Governor together with the principall officers of his Majestie's Revenue resideing upon such plantation or island, which oath being attested should after having been registered bee delivered to the Master of the shipp for the security of her navigation, with penalty upon any shipp tradeing after 25 March and not haveing made proof that she should be liable to such prosecutions and forfeitures as any foreigne built shipp (except prises condempned in the high court of the Admiralty).


Nevertheless John Jenkings, Master of the shipp 'Seaflower' of Boston in New England, very little regarding the statute or the penalty severall tymes since 25 March 1698 and particularly on or about 26, 27 and 28 March divers and sundry goods, wares and merchandizes out of the shipp 'Seaflower' then rideing at anchor in Lower Machotique did take out, unlode and carry on shore and hath done severall things in respect of tradeing within the District repugnant to the statute, not haveing a certificate of the built and property of the shipp and the register of the same.


Therefore Nicholas Spencer demands judgment of this Court for the condempnation of the shipp '
Seaflower' with all her guns, amunition, tackle, furniture and apparell, together with all the goods, wares and merchandizes in her as forfeited to our Sovereigne Lord the King to bee disposed of as by the statute is provided.


The defendant by Arthur Spicer his attorney saith that hee is not guilty and prays to bee admitted to give in the speciall matter in evidence which being granted, Nicholas Spencer by his attorneys saith hee is ready to make good his information.

 

Jurors: Philipp Franklin, Thomas Opie, John Hankins, Francis Bond, John Bigland, Nathll. Davies, Evan Christian, Benja. Blanchflower, Thomas Thompson, John Henmore, John Garner and Humphrey Pope... find the defendant not guilty of the information... adjourned till tomorrow... nine o'clock...."

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